Mahone v. McCarthy et al

Filing 77

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge Benjamin H. Settle re 76 Report and Recommendations. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SYLVESTER JAMES MAHONE,
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Plaintiff,
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CASE NO. C14-5812 BHS
ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
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PAT MCCARTHY, et al.,
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Defendants.

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This matter comes before the Court on the Report and Recommendation (“R&R”)

10 of the Honorable J. Richard Creatura, United States Magistrate Judge. Dkt. 76. The Court
11 having considered the R&R and the remaining record, and no objections having been
12 filed, does hereby find and order as follows:
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(1)

The R&R is ADOPTED.

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(2)

Plaintiff failed to sufficiently rebut Defendants’ summary judgment

15 showing regarding his Eighth Amendment claims and failed to raise a genuine issue of
16 material fact to establish that Defendants acted with deliberate indifference to his health
17 and safety. Defendants’ motion for summary judgment (Dkt. 57) is GRANTED pursuant
18 to Rule 56 of the Federal Rules of Civil Procedure and this case is closed.
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Dated this 6th day October, 2016.

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A

BENJAMIN H. SETTLE
United States District Judge

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ORDER